01/23/2018Case #18-003-V-800 W. Oakton-Variation
January 23, 2018
Page 1
DES PLAINES PLANNING AND ZONING BOARD MEETING
JANUARY 23, 2018
MINUTES
The Des Plaines Planning and Zoning Board Meeting held its regularly-scheduled meeting on Tuesday, January 23,
2018, at 7 p.m. in Room 102 of the Des Plaines Civic Center.
ZONING BOARD
PRESENT: Bader, Catalano, Fowler, Saletnik, Schell, Szabo
ABSENT: Hofherr
ALSO PRESENT: Johanna Bye, AICP, Senior Planner/Community & Economic Development
Gale Cerabona/Recording Secretary
Chairman Szabo called the meeting to order at 7 p.m. and read this evening’s cases. Roll call was conducted.
APPROVAL OF MINUTES
A motion was made by Board Member Catalano to approve the minutes of December 12, 2017, as written.
Board Member Fowler seconded the motion.
AYES: Bader, Catalano, Fowler, Saletnik, Schell, Szabo
NAYES: None
***MOTION CARRIED UNANIMOUSLY***
PUBLIC COMMENT
There were no comments.
PUBLIC HEARING NEW BUSINESS
1. Address: 800 W. Oakton Case 18-003-V
The petitioner is requesting a Standard Variation under Section 12-11-5.A.3 of the 1998 Des Plaines Zoning
Ordinance, as amended, to construct a new pole sign with a setback of 0 feet, where a setback of 5 feet is
required.
PINs: 08-24-304-005-0000 & 08-24-304-006-0000
Petitioner: Matthew Atkins 2500 Brickvale Dr., Elk Grove Village, IL 60007
Owner: Matthew Atkins, Buchanan Energy (N) LLC, 2500 Brickvale Dr., Elk Grove Village, IL
60007
Case #18-003-V-800 W. Oakton-Variation
January 23, 2018
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Chairman Szabo swore in Matthew Atkins, Buchanan Energy (N) LLC, 2500 Brickvale Dr., Elk Grove
Village, IL who advised Buchanan Energy is the owner of the Mobil Gas Station. He noted as IDOT took
some of the property, a signage variance is being requested as pricing is necessary to communicate to the
public. Six shrubs will be added for landscaping.
Chairman Szabo asked what plant material will be used. Mr. Atkins advised – small shrubs 2-3 ft. in height.
Chairman Szabo asked if the Board has any questions. There were none. He asked Staff to provide the Staff
Report which Senior Planner Bye did:
Issue: The petitioner is requesting a Standard Variation under Section 12-11-5.A.3 of the 1998 Des Plaines
Zoning Ordinance, as amended, to construct a new pole sign with a setback of 0 feet, where a setback of 5
feet is required.
Analysis Case Number 18-003-V
Address: 800 W. Oakton Street
Petitioner/Owner: Matthew Atkins, 2500 Brickvale Drive, Elk Grove Village, IL 60007
PINs: 08-24-304-005-0000 & 08-24-304-006-0000
Ward: #6, Alderman Malcolm Chester
Existing Zoning: C-3, General Commercial District
Surrounding Zoning: North: C-3, General Commercial District
South: M-2 General Manufacturing
East: C-3, General Commercial District
West: B-3, Community Shopping (Mount Prospect)
In reviewing the variation request, staff has considered the following information:
The subject property, 800 W. Oakton Street, is located at the northeast corner of Elmhurst Road (IL-Route
83) and Oakton Street and is zoned C-3, General Commercial (see Attachment 2, Location Map). The 39,084-
square foot property is improved with two, one-story structures, a fueling center/convenience store with an
attached metal overhang and a car wash structure. The subject site has approximately 165 feet of frontage on
Oakton Street and 155 feet of frontage on Elmhurst Road. In 2016, the Illinois Department of Transportation
(IDOT) acquired 1,696 square feet of land from the subject site to widen the right-of-way and conduct
intersection improvements during the reconstruction of IL-Route 83/Elmhurst Road. As a result of this
action, the petitioner’s pole sign was removed because the former sign was now within the public right-of-
way. The petitioner is proposing to install a new pole sign with a zero foot setback.
To highlight the location of the former sign compared to the new property boundary, two Plat of Surveys
have been attached to this Memorandum (Attachments 4 and 5). The Plat of Survey dated December 8, 2016
shows the base of the former pole sign marked “Concrete Base”. Comparing the distance separation from
the former pole sign location to the proposed pole sign location, with a zero foot setback, the new pole sign
will be setback between six and eight feet farther into the property as compared to the former pole sign. The
proposed pole sign will be 19 feet tall and 63.125 square feet in size where a 20-foot tall, 90 square-foot pole
sign is allowed (see Attachment 6, Sign Details). As such, the proposed pole sign will meet all requirements
in the Des Plaines Zoning Ordinance except for the five-foot setback.
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January 23, 2018
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Variation Findings: Variation requests are subject to the standards set forth in Section 12-3-6(H) of the
1998 City of Des Plaines Zoning Ordinance, as amended. In reviewing these standards, staff has the following
comments:
1. Hardship: No variation shall be granted pursuant to this subsection H unless the applicant shall
establish that carrying out the strict letter of the provisions of this title would create a particular
hardship or a practical difficulty:
Finding: The proposed sign meets all requirements as found in the Zoning Ordinance except for the
setback variation. This particular property is experiencing a particular hardship as IDOT acquired
part of the petitioner’s property to expand IL-Route 83 right-of-way and for intersection
improvements. The specific land taking resulted in the loss of the former pole sign.
2. Unique Physical Condition: The subject lot is exceptional as compared to other lots subject to the
same provision by reason of a unique physical condition, including presence of an existing use,
structure, or sign, whether conforming or nonconforming; irregular or substandard shape or size;
exceptional topographical features; or other extraordinary physical conditions peculiar to and
inherent in the subject lot that amount to more than a mere inconvenience to the owner and that
relate to or arise out of the lot rather than the personal situation of the current owner of the lot:
Finding: A unique physical condition exists due to the new property boundary created from the land
acquisition initiated by IDOT. The specific portion of the land taking encompassed the location of
the former sign. As a result of the taking, the former sign had to be removed and the new pole sign
will be setback farther into the property than the former pole sign.
3. Not Self-Created: The aforesaid unique physical condition is not the result of any action or
inaction of the owner or its predecessors in title and existed at the time of the enactment of the
provisions from which a variance is sought or was created by natural forces or was the result of
governmental action, other than the adoption of this title:
Finding: This hardship was not created by the petitioner/property owner, but rather by road widening
and intersection improvement project that benefits the general public, a government action.
4. Denied Substantial Rights: The carrying out of the strict letter of the provision from which a
variance is sought would deprive the owner of the subject lot of substantial rights commonly
enjoyed by owners of other lots subject to the same provision:
Finding: The property owner would be denied the right to install a pole sign at a distance similar to
other similar properties without the proposed variation. Having the new pole sign meet the five-
foot setback requirement would result in a location that would be between 11 and 13 feet setback
farther into the property as compared to the former sign. The proposed pole sign with the zero-foot
setback will between six and eight feet setback farther into the property compared to the former pole
sign.
5. Not Merely Special Privilege: The alleged hardship or difficulty is neither merely the inability of
the owner or occupant to enjoy some special privilege or additional right not available to owners
or occupants of other lots subject to the same provision, nor merely the inability of the owner to
make more money from the use of the subject lot:
Finding: No special privilege will be given to this property as the land taken by IDOT for
intersection improvements resulted in the removal of the former conforming pole sign. No additional
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January 23, 2018
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rights are being given to this property owner compared to other similar properties as only a few
properties had to give up private land for a public infrastructure project.
6. Title And Plan Purposes: The variation would not result in a use or development of the subject lot
that would be not in harmony with the general and specific purposes for which this title and the
provision from which a variation is sought were enacted or the general purpose and intent of the
comprehensive plan:
Finding: The proposed pole sign is in harmony with the general purposes of this title. The requested
variation is in-keeping with the intent of the comprehensive plan.
Recommendation: Staff recommends approval of the requested setback variation based on review of the
information presented by the applicant and the standards and conditions met by Section 12-3-6.H (Findings
of Fact for Variations) as outlined within the City of Des Plaines Zoning Ordinance. The recommendation
for approval of the setback is based on the rationale that IDOT had to acquire a portion of the property
owner’s land that impacted the former pole sign. The new sign will not project into the public right of way
and will be setback farther into the property that the prior pole sign. Staff suggest adding one condition to
the petitioner’s request:
1) At least six evergreen shrubs be planted around the base of the pole sign on the private side of
the property line. The shrubs shall be two feet tall at time of planting and shall not exceed three
feet in height at full maturity.
Planning and Zoning Board Procedure:
Under Section 12-3-6.F of the Zoning Ordinance (Standard Variations) the Planning and Zoning Board has
the authority to approve, approve subject to conditions, or disapprove the above-mentioned variance for the
sign setback within the C-3 Zoning District.
A motion was made by Board Member Catalano, seconded by Board Member Schell, to grant the setback
variation as requested with one Condition as recommended by Staff.
AYES: Bader, Catalano, Fowler, Saletnik, Schell, Szabo
NAYES: None
***MOTION CARRIED UNANIMOUSLY***
OLD BUSINESS
There was no Old Business.
ADJOURNMENT
A motion was made by Board Member Catalano, seconded by Board Member Fowler, to adjourn the meeting
at 7:09 p.m. On a voice vote, the motion carried unanimously.
Sincerely,
Gale Cerabona, Recording Secretary
cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners